Introductory text

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia,

Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular the first paragraph of Article 41 thereof,

Whereas:

Commission Regulation (EC) No 565/2002^f1 established the method for managing tariff quotas and introduced a system of certificates of origin for garlic imported from third countries.

Commission Regulation (EC) No 228/2004 of 3 February 2004 laying down transitional measures applicable to Regulation (EC) No 565/2002 by reason of the accession of the new Member States^f2 adopted measures to allow importers from those countries to benefit from Regulation (EC) No 565/2002. The aim of these measures was to make a distinction between traditional importers and new importers in the new Member States, and to adapt the concept of the reference quantity so that these importers could benefit from this system.

To ensure uninterrupted supplies to the enlarged Community market while taking account of the economic supply conditions in the new Member States prior to accession, an autonomous and temporary import tariff quota should be opened for fresh or chilled garlic falling within CN code 0703 20 00.

Setting such a quota must be transitional and may not prejudge the outcome of the negotiations underway in the context of the World Trade Organisation (WTO) as a result of the accession of new members.

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables,

HAS ADOPTED THIS REGULATION: